Bronwen Manby and Solomon Momoh
British protected persons were in general subject to the customary law of the ‘tribe’ concerned,
as modified by statute and interpreted by British officials and courts.
Following the First World War, the Colony and Protectorate of Nigeria also
administered the regions known as the Northern and Southern Cameroons, which had been the
western part of the German colony of Kamerun, mandated to Britain by the League of Nations
(the larger eastern part of German Kamerun was mandated to France). League of Nations
Mandates were converted into UN Trust Territory status on the adoption of the Charter of the
United Nations in 1945.6
2.2 Citizenship regime at independence in 1960
At independence on 1 October 1960, the transitional provisions for the acquisition of Nigerian
citizenship followed the standard template for the Commonwealth countries, negotiated with
Britain. Citizenship was granted by operation of law to those born in the territory before
independence who were ‘British protected persons’ or ‘citizens of the UK and colonies’,
provided that one parent or grandparent was also born there; and to those born outside the
territory before independence if their father qualified under these rules. Those who were born
in Nigeria before independence but did not have a parent or grandparent also born there could
register as citizens during a transitional period (a non-discretionary grant, on application, if the
facts were proved), as could some other categories with connections to Nigeria or another
Commonwealth country.7
As in other newly independent African states, the transitional provisions created
significant opportunity for confusion on who became a citizen at independence, especially in
the context where records of place of birth were rare. Depending on the borders drawn by the
colonial powers, different members of the same ethnic group could be British protected
persons, citizens of the UK and colonies, or ‘aliens’ (French nationals, or nationals of a newly
independent French territory), and their rights to Nigerian (or British) nationality under the
transitional provisions would vary accordingly. A large number of people resident in Nigeria
did not automatically become citizens by operation of law on the date of independence; for
example, many members of the sizeable community of Lebanese descent, but also many people
originating from neighbouring countries in West Africa.
Those born after the entry into force of the new constitution obtained Nigerian
nationality on a ius soli basis (based purely on birth on the territory, with standard exceptions
for children of fathers who were diplomats, if the mother was not a citizen), or on the basis of
their father’s citizenship if born outside the country. Women married to Nigerian men could
also register as citizens, whether the marriage was before or after independence. Those who
did not qualify under any of these provisions could naturalise, a discretionary process, based
on long residence and fulfilment of other conditions, an option which remained available on an
ongoing basis. Citizenship Acts adopted in 1960 (originally an Ordinance, adopted before
independence) and 1961 (amending and supplementing the 1961 Act)
6
For a detailed history of citizenship law in Nigeria during the colonial period and the transition to
independence, see Laurie Fransman, Adrian Berry, and Alison Harvey, Fransman’s British Nationality Law, 3rd
ed. (Bloomsbury Professional, 2011), catalogue entry on Nigeria; Manby, Citizenship in Africa, chapters 3.1 and
7.7.
7
Constitution of Nigeria, 1960, chapter II.
RSCAS/GLOBALCIT-CR 2020/12 - © 2020 Author(s)
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